sec.34Native title party for an area

### sec.34 Native title party for an area Each of the following is a native title party for an area— a registered native title claimant for the area; a person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if— the person’s claim has failed and— the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and there is no other registered native title claimant for the area; and there is not, and never has been, a registered native title holder for the area; or the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished; a registered native title holder for the area; a person who was a registered native title holder for the area, but only if— the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished. If a person would be a native title party under subsection (1) (b) but the person is no longer alive, the native title party is instead taken to be the native title claim group who, under the Commonwealth Native Title Act , authorised the person to make the relevant native title determination application. s 34 amd 2010 No. 12 s 4 ; 2018 No. 27 s 95 (sec.34-ssec.1) Each of the following is a native title party for an area— a registered native title claimant for the area; a person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if— the person’s claim has failed and— the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and there is no other registered native title claimant for the area; and there is not, and never has been, a registered native title holder for the area; or the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished; a registered native title holder for the area; a person who was a registered native title holder for the area, but only if— the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished. (sec.34-ssec.2) If a person would be a native title party under subsection (1) (b) but the person is no longer alive, the native title party is instead taken to be the native title claim group who, under the Commonwealth Native Title Act , authorised the person to make the relevant native title determination application. - (a) a registered native title claimant for the area; - (b) a person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if— (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished; - (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or - (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and - (B) there is no other registered native title claimant for the area; and - (C) there is not, and never has been, a registered native title holder for the area; or - (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or - (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished; - (c) a registered native title holder for the area; - (d) a person who was a registered native title holder for the area, but only if— (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished. - (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or - (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished. - (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or - (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and - (B) there is no other registered native title claimant for the area; and - (C) there is not, and never has been, a registered native title holder for the area; or - (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or - (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished; - (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and - (B) there is no other registered native title claimant for the area; and - (C) there is not, and never has been, a registered native title holder for the area; or - (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or - (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished.